Gambling for the Future: A Catawba Gaming History

       In 1988 the United States federal government passed a law that established the jurisdiction over Indian gaming in the states, called the Indian Gaming Regulatory Act The purpose of the act was to provide legislative means for Indian gaming as a source of income and economic development amongst tribes.

       In search of self-government and sovereignty the Catawba tribe sought negotiation for federal recognition and settling land disputes, and in 1993 President Clinton signed a settlement that awarded over $50 million. In return, the Catawba tribe was to relinquish any land claims that had been established by earlier precedent. The settlement allowed limited gaming on the Catawba reservation, and the Indian Gaming Regulatory Act would not apply on Catawba land. The tribe would be allowed to operate bingo and video machines which would be subject to state law, though additional exceptions were made in terms of the games that were allowed.

       On the outcome of the settlement, Catawba Chief Gilbert Blue said, “I feel like we’re on the edge of a new day for the Catawba people. Nothing will replace the loss of our lands but this settlement is a tool that will allow us to create a better life for our children.” The settlement also has its opposition that argues the Catawba people have given up their sovereignty for short term money. The settlement caused the Catawba tribe gain fewer rights than many other Indian tribes. The Catawba as a result have limited jurisdiction over criminal disputes on lands under the settlement, must pay state and federal taxes, hunting, fishing and water rights fall under state jurisdiction, in addition to the Indian Gaming Regulatory Act not applying to the Catawba reservation. Catawbas did however gain federal recognition, which before the agreement, they had lacked.

       In 1996, the Catawba tribe opened and ran the successful Catawba Bingo Parlor in Rock Mill, South Carolina. After several years the parlor was shut down due to the loss of interest after the establishment of the South Carolina Education Lottery, which severely impacted the participation in Bingo on the Catawba reservation.

       In 2006 the Catawba tribe filed a suit against the state of South Carolina for the right to operate video poker machines on Catawba reservations. Due to the settlement of 1993, the Catawbas were only granted the right to run gaming and gambling halls under state jurisdiction. They won the suit in the lower court, overturning that part of the agreement, though the state appealed to the State Supreme Court and was overturned. In 2007, the Catawba appeal to the Federal Supreme Court was denied.

       According to the April 2010 newsletter of Catawba Indian Nation, the committee is attempting to negotiate the terms of outstanding taxes from previous Bingo halls in order to reinstate the tribe's Bingo license. The newsletter claims that once the license is obtained, it plans to open a new Bingo hall as soon as possible in a suitable location.

       Proponents of Indian gaming claim there is an undeniable economic benefit and a requirement for tribal sovereignty. It supposedly improves the lives and health of the members through employment opportunities on the reservation. Casinos and gambling halls, including bingo, hire a significant number of resident and non-resident Indians for both skilled and unskilled jobs. However while there seems to be short term benefits to the economy through gambling and gaming, long term benefits are arguable

References:

Loftis, Lynn. “The Catawbas’ Final Battle: A Bittersweet Victory.” American Indian Law Review 19 (1994): 183-215. JSTOR. http://www.jstor.org/stable/20068763 (accessed April 22, 2010).

McCulloch, Anne Merline. “The Politics of Indian Gaming: Tribe/State Relations and American Federalism.” Publius 24 (1994): 99-112. JSTOR. http://www.jstor.org/stable/3330741 (accessed April 22, 2010).